Microsoft's case to prevent the United States government from using search warrants to demand data that is not stored in the United States has picked up a number of high-profile backers. Although Verizon, AT&T and the Electronic Frontier Foundation are supporting Microsoft's position, it was Apple and Cisco's legal teams that filed a joint amicus brief with the court in the Southern District of New York late on Friday. Apple makes the case that it offers iCloud services to customers for storing photos, contacts, calendars, documents and more. Because some of those servers are located outside the United States, Apple is subject to, or may become subject to, various foreign laws regarding data transfer. Apple further noted that "neither the broad economic interests nor the political interests of the United States will be served if foreign citizens believe that they are better off not doing business with U.S. based companies" – due to the overreach of US government search warrants.
After the latest Patent Infringement case against Samsung was over we posted a report titled "Apple Wins Patent Infringement Case against Samsung that could be Worth More than $360 Million when this is all Over." Our report made the case that Samsung's infringement was "willful" and that the legal term meant that the Plaintiff-Apple could seek a treble or a tripling of the damages awarded. We made the case that Apple was using very specific language in their statements after the trial that supported that position. Well, Apple has filed a JMOL for Retrial where they are in fact seeking treble damages from Samsung.
At the top of this month we posted a report titled "Apple & Laurene Powel Jobs Dragged into a bizarre $32 Billion Dollar Lawsuit." That was one of the craziest cases that I've ever heard against Apple, until now. Apple is being sued by Michael Samsung. The allegations are so off-the-wall that I'm sure that you'll be choking with laughter over your breakfast or with your friends later tonight over drinks. If I didn't know it was an actual court filing, I'd swear it was a rough copy of a new comedy skit. Laugh or cry, check out the Tennessee lawsuit filing below.
Uriel Marcus of San Jose California and Benedict Verceles of Houston Texas, by and through their attorneys, bring a Class Action lawsuit against Apple over faulty MacBook (Pro and Air) logic boards that continue to be sold until this day. According to the complaint, Apple's "cover-up" shows that they "had knowledge of the defect, yet willfully and intentionally decided to hide the defect, resulting in continuing damage to the Class." It was interesting to discover that the law firm that's behind this latest Class Action lawsuit was also the one behind a 2012 Class Action against Apple on the very same subject matter.
Plaintiffs Adam Backhaut and Bouakhay Joy Backhaut of Macomb County, Michigan and Kenneth Morris of Riverside County, California have launched a Class Action against Apple in San Jose. The case is about Apple's iMessage not delivering text messages to Android smartphones. This latest Class Action lawsuit was filed yesterday – just one day after Californian Adrienne Moore filed her Class Action against Apple over the very same issue.
Just last week Patently Apple posted a report titled "In Motorola vs. Apple Case, Motorola Hunts for Documents and Source Code from Oracle in Connection to Apple's iCloud." This was a case that Motorola had launched against Apple in both Illinois and Florida. In that report we questioned whether the lawsuit was being funded by Lenovo or Google. This was a classic example of novation. Tonight we got our answer: it was Google. In late breaking news Google's Motorola Mobility Unit and Apple agreed to settle all patent litigation between them over smartphones, ending one of the highest lawsuits in technology.
A Californian by the name of Adrienne Moore has filed a class action lawsuit against Apple because when she switched from her iPhone 4 to a Galaxy S5, she was no longer able to receive iMessages from her friends with iPhones. The lawsuit points to a change that was made in Apple's iOS 5 that apparently causes this problem that has never been addressed. Should the Class Action prevail, damages will exceed $5 million.
According to Reuters, the U.S. appeals court on Wednesday refused to revive a Samsung Electronics patent case against Apple. In this case, the International Trade Commission had said in June that Apple did not infringe on the Samsung patents. The U.S. Court of Appeals for the Federal Circuit affirmed that decision on Wednesday but did not explain its reasoning.
American Navigation Systems, Inc. (AmNav) has filed a patent infringement lawsuit against Apple. The patent infringement lawsuit concerns Apple's use of GPS in mobile devices, iDevices more specifically. According to AmNav's complaint before the court, the inventors of their acquired patent "conceived a way to display GPS data in real time on a portable mapping device." AmNav who is seeking a royalty from Apple, continually references Google Maps far more than they do Apple Maps. Their angle is to go after the device makers as this is where their patent applies. So instead of going after Google directly, they're going after Apple for Maps on iOS and Samsung for Maps on Android.
A new report published today by Lex Machina states that from Silicon Valley to the Supreme Court, patents have become an inescapable part of the corporate and political landscapes in America. This year alone, the U.S. Supreme Court will hear the highest proportion of Intellectual Property cases in history. The patent case load of the district courts has more than doubled since 2008, and verdicts like Apple-Samsung have captured headlines with eye-popping damages. The report also confirms that Apple is still the number one target by patent trolls, which this report creatively calls "Patent Monetization Entities." The more recognized term is that of Non Practicing Entity (NPE).
Last month Patently Apple was first to report that technology group Kudelski had stated that its OpenTV and Nagravision subsidiaries had filed a lawsuit against Apple in a court in northern California alleging Apple had infringed on five U.S. patents. On March 28, 2010 OpenTV became a fully owned subsidiary of the NAGRA Kudelski Group – Nagravision. Today, The Swiss Company filed three patent infringement lawsuits against Apple in Germany. Once again, the company has not provided the public with the patent numbers in this case to review.
Motorola Mobility filed three separate patent infringement lawsuits against Apple back in 2010 that are still ongoing (one, two). In the third case filed in the Southern District Court of Florida, Motorola alleges that Apple infringed on six of their patents. Two of the specific patents in this case include US Patent 5,754,119 and 6,101,531 which relate to iCloud and iCloud mail. Earlier this week, Motorola went before the court requesting a motion to compel Oracle to produce documents in this case because of this date, Oracle hasn't been complying with Motorola's requests. Motorola is seeking documents and source code to prove that Apple's iCloud is infringing on their patents. The question I have is who's really suing Apple now: Google or Lenovo?
The verdict is in and Samsung was found guilty of infringing three out of the five patents in this latest round of the Apple-Samsung patent war. While the jury charged Samsung to pay Apple $120 million in damages, the actual award may be considerably more before this is all over and we'll explain why in our report.